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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Jorde Featured in Omaha World Herald to Comment on President's KXL Rejection

Last week, President Obama announced that he would not approve TransCanada’s Keystone XL pipeline. To construct across an international boundary, a company must have presidential approval. TransCanada applied for this permit more than seven years ago, and the issue finally came to a head on November 6.

Since the President’s rejection of the project, the Canadian oil giant has contended that two lawsuits in Nebraska filed by landowners against TransCanada no longer have merit. Domina Law Group begs to differ. According to the firm, the lawsuits concern the constitutionality of a law from 2012 that allowed Governor Dave Heineman to approve the pipeline’s route.

If the law, LB 1161, is not struck down as unconstitutional, Domina Law Group says there is nothing stopping other governors from approving pipeline routes in the future.

The Omaha World Herald, paraphrasing Attorney Brian Jorde, said:

Regardless, the landowners will continue to push forward with their constitutional challenge of a state law that allows the governor to approve pipeline routes. They want to see the law stricken so it can’t be used by future pipeline developers.

The President made his decision based on information from the State Department’s review, which concluded that KXL would not serve the national interest, adding that the issue has taken a place of too much prominence in political discourse over the years.

Most opponents of the pipeline focused on greenhouse gas emissions and global warming. Most in favor of the pipeline project focused on benefits like job creation and reducing dependence on foreign oil. Nebraska has remained unique in the fight, instead focusing on private property rights and preventing groundwater contamination.

About 100 Nebraska landowners held out, refusing to sign the easements that would allow TransCanada to construct its pipeline across their property. Landowners will continue their challenge of LB 1161 via the two lawsuits in Holt and York Counties.

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